Preview — A History of the Supreme Court
by Bernard Schwartz

A History of the Supreme Court

When the first Supreme Court convened in 1790, it was so ill-esteemed that its justices frequently resigned in favor of other pursuits. John Rutledge stepped down as Associate Justice to become a state judge in South Carolina; John Jay resigned as Chief Justice to run for Governor of New York; and Alexander Hamilton declined to replace Jay, pursuing a private law practiceWhen the first Supreme Court convened in 1790, it was so ill-esteemed that its justices frequently resigned in favor of other pursuits. John Rutledge stepped down as Associate Justice to become a state judge in South Carolina; John Jay resigned as Chief Justice to run for Governor of New York; and Alexander Hamilton declined to replace Jay, pursuing a private law practice instead. As Bernard Schwartz shows in this landmark history, the Supreme Court has indeed travelled a long and interesting journey to its current preeminent place in American life. In A History of the Supreme Court, Schwartz provides the finest, most comprehensive one-volume narrative ever published of our highest court. With impeccable scholarship and a clear, engaging style, he tells the story of the justices and their jurisprudence--and the influence the Court has had on American politics and society. With a keen ability to explain complex legal issues for the nonspecialist, he takes us through both the great and the undistinguished Courts of our nation's history. He provides insight into our foremost justices, such as John Marshall (who established judicial review in Marbury v. Madison, an outstanding display of political calculation as well as fine jurisprudence), Roger Taney (whose legacy has been overshadowed by Dred Scott v. Sanford), Oliver Wendell Holmes, Louis Brandeis, Benjamin Cardozo, and others. He draws on evidence such as personal letters and interviews to show how the court has worked, weaving narrative details into deft discussions of the developments in constitutional law. Schwartz also examines the operations of the court: until 1935, it met in a small room under the Senate--so cramped that the judges had to put on their robes in full view of the spectators. But when the new building was finally opened, one justice called it "almost bombastically pretentious," and another asked, "What are we supposed to do, ride in on nine elephants?" He includes fascinating asides, on the debate in the first Court, for instance, over the use of English-style wigs and gowns (the decision: gowns, no wigs); and on the day Oliver Wendell Holmes announced his resignation--the same day that Earl Warren, as a California District Attorney, argued his first case before the Court. The author brings the story right up to the present day, offering balanced analyses of the pivotal Warren Court and the Rehnquist Court through 1992 (including, of course, the arrival of Clarence Thomas). In addition, he includes four special chapters on watershed cases: Dred Scott v. Sanford, Lochner v. New York, Brown v. Board of Education, and Roe v. Wade. Schwartz not only analyzes the impact of each of these epoch-making cases, he takes us behind the scenes, drawing on all available evidence to show how the justices debated the cases and how they settled on their opinions. Bernard Schwartz is one of the most highly regarded scholars of the Supreme Court, author of dozens of books on the law, and winner of the American Bar Association's Silver Gavel Award. In this remarkable account, he provides the definitive one-volume account of our nation's highest court....more

Paperback, 480 pages

Published
February 1st 1995
by Oxford University Press, USA
(first published June 1979)

Community Reviews

Seems pretty comprehensive, at least from the perspective of a non-expert. Good to see the sweep of history and the principles that affect the Court's decision-making process, rather than just what's in the news. Pet peeve: the author likes to use quotes in multiple places when they're applicable in both.

A history of the U.S. Supreme Court. I had heard of justices like John Marshall, Oliver Wendell Holmes, Earl Warren, and Thurgood Marshall, but had no real idea when and how they served on the bench. The book divided the Court's history into sections highlighted by their Chief Justice (i.e., the Marshall Court, the Warren Court), and talked about the personalities and judicial capabilities of the Chief, the notable associate justices, key cases, and the effects their decisions had on the historyA history of the U.S. Supreme Court. I had heard of justices like John Marshall, Oliver Wendell Holmes, Earl Warren, and Thurgood Marshall, but had no real idea when and how they served on the bench. The book divided the Court's history into sections highlighted by their Chief Justice (i.e., the Marshall Court, the Warren Court), and talked about the personalities and judicial capabilities of the Chief, the notable associate justices, key cases, and the effects their decisions had on the history of the United States. The author also added chapters on four important cases the Court decided on: The Dred Scott case, Locher v. New York, Brown v. Board of Education, and Roe v Wade. Overall, it's as dry as you'd expect a Supreme Court history to be. While I will easily forget some of the lesser justices and decisions, I think I did understand some of the greater trends in Supreme Court history and how greatly they affected our growing nation....more